Bill Text: OR HB2615 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the forest products industry; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-04 - Chapter 276, (2013 Laws): Effective date June 4, 2013. [HB2615 Detail]

Download: Oregon-2013-HB2615-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2124

                         House Bill 2615

Sponsored by Representative CLEM (at the request of Oregon Small
  Woodlands Association) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Eliminates requirement to mark or brand floated or transported
forest products and booming equipment.

                        A BILL FOR AN ACT
Relating to the forest products industry; creating new
  provisions; amending ORS 532.130; and repealing ORS 532.020 and
  532.030.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 532.010 to 532.140. + }
  SECTION 2.  { + (1) A person may select a mark or brand,
register the mark or brand with the office of the State Forester
as provided under ORS 532.050 or 532.060 and use the mark or
brand for the purpose of marking or branding forest products and
booming equipment.
  (2) If a person uses a mark or brand on a forest product that
the person puts into any of the waters of this state or ships on
any motor vehicle or railroad, the mark or brand must be
registered with the office of the State Forester and be plainly
impressed or cut in a conspicuous place on the forest products in
the manner required by rules adopted by the State Forester.
  (3) If a person places a mark or brand on booming equipment
used in an operation securing, rafting or floating forest
products, the mark or brand must be registered with the office of
the State Forester and be placed in a conspicuous place on the
booming equipment in the manner required by rules adopted by the
State Forester.
  (4) The State Forester may adopt rules for carrying out ORS
532.010 to 532.140. + }
  SECTION 3. ORS 532.130 is amended to read:
  532.130.   { - (1) No person, unless permitted to do so under
ORS 532.030, shall: - }
    { - (a) Put into any of the waters of this state or ship on
any railroad or motor vehicle any forest products, or use any
booming equipment as a part of the operation of the person in
securing, rafting or floating forest products, without having
plainly impressed or cut in a conspicuous place on each such
stick or piece of forest products, and on any piece of booming
equipment so used, a mark or brand previously registered as
required by the terms of ORS 532.010 to 532.140. - }
    { - (b) Have or take in tow or into custody or possession or
under control of the person, without the authorization of the
owner of a registered mark or brand thereon, any forest products
or booming equipment having thereupon a mark or brand registered
as required by the terms of ORS 532.010 to 532.140 or, with or
without such authorization, any forest products or booming
equipment required to be branded under the terms of ORS 532.010
to 532.140 with a registered mark or brand and having no
registered mark or brand impressed thereupon or cut therein. - }
   { +  (1) A person may not:
  (a) Exercise custody or control over, or have possession of,
any forest product or booming equipment bearing a mark or brand
registered as provided under ORS 532.010 to 532.140 without the
permission of the registered user of the mark or brand. + }
    { - (c) - }  { +  (b) + } Impress upon or cut in any forest
products or booming equipment a mark or brand that is false,
forged or counterfeit.
    { - (d) - }  { +  (c) + } Impress or cut a catch brand that
has not been registered under the terms of ORS 532.010 to 532.140
upon or into any forest products or booming equipment   { - upon
which there is or should be a registered mark or brand as
required by the terms of ORS 532.010 to 532.140 or a catch brand,
whether registered or not, upon any forest products or booming
equipment - }  that has not been purchased or lawfully acquired
by the person from the owner.
  (2) Subsection   { - (1)(b) - }  { +  (1)(a) + } of this
section   { - shall - }  { +  does + } not apply to:
  (a) Railroads.
  (b) Log patrol or salvage companies organized as corporations
for the purpose of catching or reclaiming and holding or
disposing of forest products for the benefit of the owners and
authorized to do business under the laws of this state.
    { - (3) In the case of a motor vehicle carrying more than
three logs, branding of not less than three logs shall be
considered compliance with the provisions of subsection (1)(a) of
this section. - }
  SECTION 4.  { + ORS 532.020 and 532.030 are repealed. + }
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